In the Matter of the Application of Sonia Jordi, Respondent, for Letters of Administration on the Estate of Homer D…

Summary

The Court affirmed the Surrogate's order, holding that the 1939 Florida divorce decree was invalid because the decedent lacked bona fide domicile in Florida, and therefore the petitioner, as guardian of the decedent's only child, is entitled to letters of administration of the estate. The decision rests on full faith and credit analysis and the principle that a third party may challenge a foreign divorce decree. Justice Desmond dissented, arguing that the divorce and subsequent marriage were valid and that the daughter could not attack the second marriage.